HomeMy WebLinkAboutContract 61407CSC No. 61407
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality
("CITY"), and Freese and Nichols, Inc., authorized to do business in Texas, ("ENGINEER"),
for a PROJECT generally described as: Program Prioritization Assignments — Project No.
105234.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A. Negotiated changes to this
Agreement, if any, are included in Attachment C.
Article II
Compensation
The ENGINEER's compensation shall be in the amount up to $300,000, with one
renewal option, as set forth in Attachment B. Payment shall be considered full
compensation for all labor (including all benefits, overhead and markups), materials,
supplies, and equipment necessary to complete the Services.
Engineer shall provide monthly invoices to City. The Engineer shall provide the City
sufficient documentation, including but not limited to meeting the requirements set forth in
Attachment D to this AGREEMENT, to reasonably substantiate the invoices.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by Engineer of said payment shall release City from all claims or
liabilities under this Agreement for anything related to, performed, or furnished in
connection with the Services for which payment is made, including any act or omission of
City in connection with such Services.
Article III
Term
Time is of the essence. Unless otherwise terminated pursuant to Article VI. D.
herein, this Agreement shall be for a term beginning upon the effective date, as described
below, and shall continue until the expiration of the funds or completion of the subject
matter contemplated herein pursuant to the schedule, whichever occurs first. Unless
specifically otherwise amended, the original term shall not exceed five years from the
original effective date. This agreement may be renewed up to one (1) time, subject to
City of Fort Worth, Texas Program Prioritization Assignments
Standard Agreement for Engineering Related Design Services City Project. No. 105234
Revised Date: 12-08-2023
Page 1 of 15 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
available funds.
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Designation of Engineer's Personnel
(1) The ENGINEER and CITY shall agree upon the
designation of the ENGINEER's "Project Manager" prior to starting work on
contract.
(2) ENGINEER shall inform CITY in writing of a proposed
change to their designated project manager prior to making the change or
immediately upon receiving notification that the designated project manager
is separating employment with the ENGINEER.
(3) ENGINEER shall provide resumes to the CITY of the
proposed replacement project manager(s), who shall have similar
qualifications and experience as the outgoing person, for review and
approval.
D. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
City of Fort Worth, Texas Program Prioritization Assignments
Standard Agreement for Engineering Related Design Services City Project. No. 105234
Revised Date: 12-08-2023
Page 2 of 15
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
E. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
F. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the contract documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the contract
documents, nor shall anything in the contract documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on -site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
City of Fort Worth, Texas Program Prioritization Assignments
Standard Agreement for Engineering Related Design Services City Project. No. 105234
Revised Date: 12-08-2023
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on the PROJECT. If the ENGINEER makes on -site observation(s) of a
deviation from the contract documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the contract documents.
G. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from the ENGINEER's opinions,
analyses, projections, or estimates.
H. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the contract
documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are no other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
City of Fort Worth, Texas Program Prioritization Assignments
Standard Agreement for Engineering Related Design Services City Project. No. 105234
Revised Date: 12-08-2023
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Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
J. Business Equity Participation
City has goals for the full and equitable participation of minority business
and/or women business enterprises in City contracts greater than
$100,000. In accordance with the City's Business Equity Ordinance No.
25165-10-2021 (as codified in Chapter 20, Article X of the City's Code of
Ordinances, as amended, and any relevant policy or guidance documents),
Engineer acknowledges the MBE and WBE goals established for this
Agreement and its execution of this Agreement is Engineer's written
commitment to meet the prescribed MBE and WBE participation goals. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the Engineer may result in the termination of this
Agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
K. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
City of Fort Worth, Texas Program Prioritization Assignments
Standard Agreement for Engineering Related Design Services City Project. No. 105234
Revised Date: 12-08-2023
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to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
L. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment F and City has approved
such insurance.
M. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine
of respondent superior shall not apply.
N. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
O. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
P. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
City of Fort Worth, Texas Program Prioritization Assignments
Standard Agreement for Engineering Related Design Services City Project. No. 105234
Revised Date: 12-08-2023
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executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
Q. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
City of Fort Worth, Texas Program Prioritization Assignments
Standard Agreement for Engineering Related Design Services City Project. No. 105234
Revised Date: 12-08-2023
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decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
City of Fort Worth, Texas Program Prioritization Assignments
Standard Agreement for Engineering Related Design Services City Project. No. 105234
Revised Date: 12-08-2023
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(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
City of Fort Worth, Texas Program Prioritization Assignments
Standard Agreement for Engineering Related Design Services City Project. No. 105234
Revised Date: 12-08-2023
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C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable time requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all projected termination
expenses. The CITY'S approval shall be obtained in writing prior to
proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
City of Fort Worth, Texas Program Prioritization Assignments
Standard Agreement for Engineering Related Design Services City Project. No. 105234
Revised Date: 12-08-2023
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commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against
liability for any damage committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the
ENGINEER exercises control to the extent that the damage is caused by
or resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
G. Assignment
ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees from and against all
City of Fort Worth, Texas Program Prioritization Assignments
Standard Agreement for Engineering Related Design Services City Project. No. 105234
Revised Date: 12-08-2023
Page 11 of 15
claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
The failure of CITY or ENGINEER to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein
shall not constitute a waiver of CITY's or ENGINEER's respective right to
insist upon appropriate performance or to assert any such right on any
future occasion.
L. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time -employees and the contract value is $100,000 or more, the
City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company"
City of Fort Worth, Texas Program Prioritization Assignments
Standard Agreement for Engineering Related Design Services City Project. No. 105234
Revised Date: 12-08-2023
Page 12 of 15
shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this contract, ENGINEER certifies
that ENGINEER'S signature provides written verification to the City
that if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
ENGINEER acknowledges that in accordance with Chapter 2276 of the
Texas Government Code, the CITY is prohibited from entering into a
contract for goods or services that has a value of $100,000 or more, which
will be paid wholly or partly from public funds of the City, with a company
(with 10 or more full-time employees) unless the contract contains a written
verification from the company that it: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of
the contract. The terms "boycott energy company" and "company" have the
meaning ascribed to those terms by Chapter 2276 of the Texas Government
Code. To the extent that Chapter 2276 of the Government Code is
applicable to this Agreement, by signing this Agreement, ENGINEER
certifies that ENGINEER's signature provides written verification to
the CITY that ENGINEER: (1) does not boycott energy companies; and
(2) will not boycott energy companies during the term of this
Agreement.
O. Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code, the CITY is prohibited from entering
into a contract for goods or services that has a value of $100,000 or more
which will be paid wholly or partly from public funds of the City, with a
company (with 10 or more full-time employees) unless the contract contains
a written verification from the company that it: (1) does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code. To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, ENGINEER
certifies that ENGINEER's signature provides written verification to the
CITY that ENGINEER: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or
City of Fort Worth, Texas Program Prioritization Assignments
Standard Agreement for Engineering Related Design Services City Project. No. 105234
Revised Date: 12-08-2023
Page 13 of 15
firearm trade association during the term of this Agreement.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument.
The following attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Attachment F — Insurance Requirements
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY:
CITY OF FORT WORTH
Jesica McEachern
Assistant City Manager
Date: May 10, 2024
ATTEST:
Jannette Goodall
City Secretary
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BY:
ENGINEER
Freese and Nichols, Inc.
,Scott f&bGetl
Scott Hubley (May 1, 20241!'.38 CDT)
Scott Hubley, P.E.
Vice -President and Principal
Date: May 1, 2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Program Prioritization Assignments
Standard Agreement for Engineering Related Design Services City Project. No. 105234
Revised Date: 12-08-2023
Page 14 of 15
APPROVED AS TO FORM AND LEGALITY
By: Douglas Black (May 3, 2024 09:02 CDT) M&C No.: 24-0246
Douglas W Black
Sr. Assistant City Attorney
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 12-08-2023
Page 15 of 15
M&C Date: 03/26/2024
1295 Form No. 2024-1121685
Program Prioritization Assignments
City Project. No. 105234
ATTACHMENT "A"
Scope of Services for Program Prioritization Assignments
CPN 105234
PROJECT UNDERSTANDING
The mission of SWM is "to project people and property from harmful stormwater runoff."
SWM accomplishes this by maintaining the stormwater infrastructure, building capital
projects to mitigate hazards, warning the community of hazards, and reviewing development
for compliance with City standards. The stormwater mission and work efforts are aligned
with the City's overall strategic goals. This program prioritization contract will provide
professional engineering services for program prioritization assignments to ensure that the
Transportation and Public Works Department, Stormwater Management Division's
resources are invested in the opportunities that are in the best interest of the Stormwater
Program and community. Freese and Nichols, Inc. will strategically vet capital project and
partnership opportunities for consistency with the strategic direction identified in the May
2018, Stormwater Management Program Master Plan (SWMPMP).
Ideas for future project opportunities are brought to SWM from many sources such as from
within the department (partnership with street projects), other city departments (partnership
with park projects), partner organizations and jurisdictions (collaboration opportunities),
landowners (land purchase requests and/or concerns regarding flooding or erosion), and
developers (public private partnership opportunities). SWM needs assistance to
strategically vet these ideas to determine if they are feasible (can they be implemented),
affordable, effective, acceptable to the community, and beneficial for SWM's participation.
The professional services will be focused on program prioritization to help ensure that the
projects/initiatives that move forward for implementation have a sound technical and
economic basis, are aligned with community goals, and are prioritized to optimize the use of
program resources.
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project. Under this scope, "ENGINEER"
is expanded to include consultant and any sub -consultant, including surveyor, employed or
contracted by the ENGINEER.
OBJECTIVES
1. This contract provides for professional services through a number of Task Order
assignments so that the City can respond to potential project opportunities on an as -
needed basis. Some of these tasks may be urgent in nature and a rapid response
capability is required.
2. Task Orders are to generally:
• Identify project objectives and constraints
• Collect existing relevant information such as GIS data, record drawings,
existing studies and models
• Perform hydrologic and hydraulic calculations to determine flood and/or
erosion risks
• Identify and evaluate improvement alternatives and potential costs
• Collaborate with the City and other stakeholders as appropriate for input
• Evaluate the relative priority of project opportunities
• Document the analysis and recommendations
3. Task orders will be initiated by the City and may include all or a portion of the
services listed below based on the location and the specific project opportunity.
Prior to the execution of any task orders, the specific scope of services and
associated fees will be provided to the City.
4. These services may include, but are not limited to, the following:
• Project management, meetings and coordination
• Data research and collection
• Site visits
• Field Survey
• GIS web mapping and analysis
• Drainage basin delineation
• Planning evaluations and calculations
• Development of hydrologic and hydraulic models
• Modification of existing hydrologic and hydraulic models
• Documentation of flooding "hot spots"
• Comparison of results to other studies
• System capacity and level of service definition
• Floodplain and inundation delineation
• Proposed mitigation alternatives
• Feasibility assessment of proposed alternatives and risk assessment
• Evaluation of social and environmental factors
• Benefits of proposed alternatives
• Cost estimates for proposed alternatives
• Prioritization assessment of proposed alternatives
• Benefit -Cost Analysis
• Estimation of Return on Investment, economic benefits, and
development interests
• Funding assessments, including grants and grant applications
• Preparation of information required to submit projects to the regional
flood planning process
• Support, updates, and continued improvement to the Enhanced
Prioritization Database
• Project development including conceptual design and definition of
scope, schedule, cost estimate, risk register, and project charter for
conceptual projects
• Environmental assessments to potentially include historical review and
coordination
• Quality Assurance and Quality Control
• Draft and Final reports
• Electronic versions of all information (draft and final data, GIS, models
or calculations) developed as part of the analysis
WORK TO BE PERFORMED
Because of the great variation in the assessment needs at each location, the Scope of
Work, Deliverables, Compensation, and Schedule areto be negotiated foreach individual
Task Order independently. Task Orders will be documented on a Task Authorization Form.
Authorization to proceed is given by signature of the City's Project Manager.
Compensation is based on time and materials using the rate sheet provided asAttachment
"B" to this contract.
PROGRAM PRIORITIZATION ASSIGNMENTS
City Project No. 105234
Compensation
A. The ENGINEER shall be compensated for personnel time, non -labor expenses,
and subcontract expenses in performing services enumerated in Attachment A as
follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Category Rate for the ENGINEER's team member performing the work.
Labor Category Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries, overhead,
and profit.
These rates will be adjusted annually in February. The revised rate schedule
will be negotiated and adopted by a task order. The revised schedule will be
used for all subsequently incurred labor hours.
Labor Category
Rate
($/hour)
Professional 1
138
Professional 2
168
Professional 3
191
Professional 4
217
Professional 5
254
Professional 6
294
Construction Manager 1
119
Construction Manager 2
149
Construction Manager 3
161
Construction Manager 4
201
Construction Manager 5
243
Construction Manager 6
279
Construction Representative 1
107
Construction Representative 2
119
Construction Representative 3
149
Construction Representative 4
161
CAD Technician/Designer 1
117
CAD Technician/Designer 2
153
CAD Technician/Designer 3
187
Corporate Project Support 1
113
Corporate Project Support 2
136
Corporate Project Support 3
180
Intern / Coop
70
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 1 of 3
5N
ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non -labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall be
reimbursed at cost to ENGINEER plus a markup of ten percent (10%).
iv. Budgets. ENGINEER will make reasonable efforts to complete the work within
the budget and will keep the City informed of progress toward that end so that
the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be
adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by the
City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section II —
Method of Payment.
Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER in
performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 2 of 3
M
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
IV. Summary of Total Project Fees
Firm Primary Responsibility
Prime Consultant
Freese and Nichols, Inc. Engineering and PM
Proposed MWBE Sub -Consultants
Gorrondona & Survey
Associates, Inc.
Galvan Strategy Group Professional Services for
Financial Analysis
Non-MWBE Consultants
N/A
Project Number & Name
105234 Program Prioritization
Assignments
City MWBE Goal = 3.0%
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 3 of 3
TOTAL
Fee Amount %
$291,000 97.0
$3,000 1.0
$6,000 2.0
$300,000 100%
Total Fee MWBE Fee MWBE %
$300,000 $9,000 3.0%
With one
renewal option
Consultant Committed Goal = 3.0 %
M
ATTACHMENT "C"
PROGRAM PRIORITIZATION ASSIGNMENTS
CPN 105234
AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES
None.
ATTACHMENT "C"
Page 1 of 1
ATTACHMENT "D"
PROGRAM PRIORITIZATION ASSIGNMENTS
CPN 105234
PROJECT SCHEDULE
Project Schedules will be developed on an individual task order basis.
ATTACHMENT"Y
Page 1 of 1
ATTACHMENT "E"
PROGRAM PRIORITIZATION ASSIGNMENTS
CPN 105234
LOCATION MAP
This project is City -Wide. Individual project locations will be identified on a task order
basis.
ATTACHMENT "E°
Page 1 of 1
City of Fort Worth ATTACHMENT 1A
FORT WORTH Business Equity Utilization Form Page 1 of
Disadvantaqed Business Enterprise Utilization Form (Applicable if Federally -Funded)
PRIME/OFFEROR/OWNER
COMPANY NAME: Freese and Nichols, Inc.
PROJECT NAME: Program Prioritization Assignments
PROJECT NUMBER: BID DATE: City's Business Equity Goal: Offeror's Business Equity (or DBE)
105234 �✓ (Check if addressing DBE Goal) 3 % Commitment: 3 %
Check all applicable boxes to describe ❑ Not Certified MBE ❑WBE ❑DBE ❑ HUB ❑VOSB Section 3
Prime/Offeror/Owner's Classification:
Certifying Agency: ❑NCTRCA
❑D/FW MSDC
❑TX DOT
❑WBCS
❑Other:
Ethnicity: ❑African American
❑Hispanic
Caucasian
11 Asian
❑ Native American Gender: ❑Male ❑Female ElNon-Binary
Definitions: Business Equity Firm: Certified MBE Minority
Business Enterprise or WBE Women Business Enterprise DBE: Disadvantaged Business Enterprise
HUB: Historically Under Utilized Business VOSB: Veteran Owned Small Business Section 3: Certified Housing Urban Development Vendors
ALL BUSINESS EQUITY FIRMS MUST BE CERTIFIED BEFORE CONTRACT AWARD
Failure to complete this form, in its entirety, and received by the Purchasing Division no later than 2:00 p.m. on the third City business day after bid opening, exclusive of bid opening date,
will result in the bid being considered non -responsive to bid specifications. Exception: CFA, ICA, and CDBG voiects, documents will be submitted to the Citv Project Manaqer if publicl
bid or to the Developer if privatelv bid.
The undersigned Prime/Offeror agrees to enter into a formal agreement with the Business Equity firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the
City of Fort Worth (Exception: Developer projects). The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being
considered non -responsive to bid specifications.
Business Equity firms listed toward meeting the project goal must be located in the City's marketplace at the time of bid or the business has a Significant Business Presence in the
Marketplace. The marketplace is the Citv of Fort Worth including portions of Denton, Parker, Wise, and all of Tarrant, Dallas, and Johnson counties.
Certified means those Business Equity Firms, located within the Marketplace, that have been determined to be a bona -fide minority or women business enterprise by the
North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and Women's Business Council -Southwest
(WBCS).
If hauling services are utilized, the Prime/Offeror will be given credit as long as the Business Equity firm listed owns and operates at least one fully licensed and operational truck to be
used on the contract. The Business Equity firms may lease trucks from another Business Equity firm, including Business Equity owner -operated, and receive full Business Equity
credit. The Business Equity firm may lease trucks from non -Business Equity firms, including owner -operated, but will only receive credit for the fees and commissions earned by the
Business Equity as outlined in the lease agreement.
Federally -funded Projects (ONLY), Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or
supplies towards the goal. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials and supplies toward the DBE goal. When
materials or supplies are purchased from a DBE neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the
procurement of the materials and supplies or fees or transportation charges for the delivery of the materials or supplies delivered to the job site. In all cases, the Prime/Offeror is
responsible to identify the amounts to be used toward the committed DBE goal. Note: For DBE Goals, 60% of the services count towards the goal.
Effective 01/01/2021
Updated 03/24/2022
FORT WORTH ATTACHMENT 1A
Business Equity Utilization Form Page 2 of
Please note that only certified Business Equity firms will be counted to meet the Business Equity goal. Prime/Offerors are required to identify ALL subcontractors/suppliers,
regardless of status; i.e., Business Equity firms and non -Business Equity firms. Prime/Offerors must identify by tier level all subcontractors/suppliers. Tier: means the level of
subcontracting below the Prime/Offeror i.e. a direct payment from the Prime/Offeror to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered
2nd tier. Business Equity firms are to be listed before non -Business Equity firms. The Prime/Offeror is responsible to provide proof of payment of all tiered sub-contractors/suppliers
identified as a Business Equity firm and counting those dollars towards meeting the contract committed goal.
Certified Business Equity Prime/Offeror Contractors counting their self -performance towards meeting the contract goal, must be certified within those NAICS commodity codes with a
certifying agency acceptable by the City of Fort Worth. Certified Business Equity Prime/Offeror counting self -performing services towards the goal, the service(s) to be performed
should be listed first on the Utilization form.
Check this box Flif certified Prime Contractor services will be counting towards the Business Equity contracting goal. Please list services first below.
Please list certified Business Equity firm names as listed on their certification, including DBA names.
NAMES AND ADDRESSES OF
CONTRACTORS/SUPPLIERS
TYPE OF SERVICES/SUPPLIES
NAICS Required)
PROVIDED (q )
Specify Tier
Certification Agency
Name 1st Tier
Gender and Ethnicity:
Business Name: Gorrondona & Associates, Inc.
Type of Service/Supplies:
Certified By:
Male ❑Female ❑ Non -Binary
Address: 2800 NE Loop 820
Professional Land Survey
�D/FW MSDC
❑African American ❑ Hispanic
Suite 660
Phone: Fort Worth, TX 76137NCTRCA
Email: 817-496-1424
NAICS Code:
541370
OrxDOT ❑WBCS
Asian
❑Caucasian � Native
twilson@ga-inc.net
Contact Person: W. Truett Wilson
$ AMOUNT: 3,000
Other:
American
Business Name: Galvan Strategy Group
Type of Service/Supplies:
Certified By:
❑ Male ❑✓ Female ❑ Non -Binary
405 Forest River Circle
Professional services
❑DFW MSDC
Address:
Fort Worth, TX 76112
related to financial analysis
]NCTRCA
❑African American Hispanic
817-903-9825
Phone:
Email: agalvan@galvanstrategygrou p.
NAICS Code:
541618;541611;541613;541614;541820
TXDOT ❑WBCS
]
❑ Asian
❑ Caucasian ❑Native
Corn
]Other:
Contact Person: Adrian Galvan
$AMOUNT: 6000
American
Business Name:
Type of Service/Supplies:
Certified By:
❑ Male ❑ Female Non -Binary
E1DFW MSDC
Address:
NCTRCA
❑African American ❑ Hispanic
Phone:
NAICS Code:
�TXDOT ❑WBCS
❑ Asian
Email:
Other:
FICaucasian ❑ Native
Contact Person:
$ AMOUNT:
American
Effective 01/01/2021
Updated 03/24/2022
FORT WORTH
Business Equity Utilization Form
Please include multiple copies of this page if needed to list all contractors and suppliers.
ATTACHMENT IA
Page 3 of 4
NAMES AND ADDRESSES OF
CONTRACTORS/SUPPLIERS
TYPE OF SERVICES/SUPPLIES
PROVIDED NAICS Required)
q )
Specify Tier Certification Agency
Name 1st Tier
Gender and Ethnicity:
Business Name:
Type of Service/Supplies:
Certified By:
❑ Male ❑ Female ❑ Non -Binary
Address:
]D/FW MSDC
African American ❑Hispanic
]NCTRCA
Phone:
NAICS Code:
]TXDOT ❑WBCS
❑Asian
Email:
Other:
FICaucasian ❑ Native
Contact Person:
$ AMOUNT:
American
Business Name:
Type of Service/Supplies:
Certified By:
❑ Male ❑Female El Non -Binary
]DFW MSDC
Address:
]NCTRCA
African American ❑Hispanic
Phone:
NAICS Code:
]TXDOT ❑WBCS
❑Asian
Email:
]Other:
❑Caucasian ❑Native
Contact Person:
$ AMOUNT:
American
Business Name:
Type of Service/Supplies:
Certified By:
El Male ❑Female ❑Non -Binary
Address:
]DFW MSDC
]NCTRCA
❑African American El Hispanic
Phone:
NAICS Code:
]TXDOT ❑WBCS
❑Asian
Email:
❑ Other:
❑ Caucasian ❑ Native
Contact Person:
$ AMOUNT:
American
Business Name:
Type of Service/Supplies:
Certified By:
❑ Male El Female ❑ Non -Binary
DFW MSDC
Address:
]NCTRCA
❑African American ❑Hispanic
Phone:
NAICS Code:
]TXDOT ❑WBCS
❑Asian
Email:
]Other:
❑ Caucasian ❑ Native
Contact Person:
$ AMOUNT:
American
Effective 01 /01 /2021
Updated 03/24/2022
FORT WORTH
Business Equity Utilization Form
Total Dollar Amount of Certified Prime/Offeror Services towards contract goal $ 291,000
Total Dollar Amount of Business Equity (or DBE if applicable) Subcontractors/Suppliers $ 9,000
Total Dollar Amount of Non -Business Equity Subcontractors/Suppliers $
TOTAL DOLLAR AMOUNT OF CERTIFIED PRIME/ALL SUBCONTRACTORS/SUPPLIERS $ 300,000
ATTACHMENT IA
Page 4 of 4
The Prime/Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Business Equity Division
through the submittal of a Request for Approval of Change/Addition online. Any unjustified change or deletion shall be a material breach of
contract and may result in debarment in accord with the procedures outlined in the ordinance. The Prime/Offeror shall submit a detailed explanation of
how the requested change/addition or deletion will affect the committed Business Equity goal. If the detail explanation is not submitted, it will affect
the final compliance determination.
By affixing a signature to this form, the Prime/Offeror further agrees to provide, directly to the City upon request, complete and accurate information
regarding actual work performed by all subcontractors, including non -Business Equity firms. The Prime/Offeror also agrees to allow an audit and/or
examination of any books, records and files held by their company. The Prime/Offeror agrees to allow the transmission of interviews with owners,
principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work
performed by the Business Equity firms on this contract, by an authorized officer or employee of the City. A Prime/Offerer who intentionally and/or
knowingly misrepresents material facts shall be Debarred for a period of time of not less than three (3) years.
Authorized Signature
Principle and Vice President
Title
Freese and Nichols, Inc.
Company Name
801 Cherry Street, Suite 2800
Address
Fort Worth, TX 76102
City/State/Zip Code
Scott K. Hubley
Printed Signature
Principal and Vice President
Contact Name and Title (if different)
817-343-9194
Phone Number
Scott.Hubley@freese.com
Email Address
11-15-2023
Date
Department of Diversity and Inclusion - Business Equity Division
Email: DVIN_BEOffice@fortworthtexas.gov
Ph: 817-392-2674
Effective 01 /01 /2021
Updated 03/24/2022
FORT WORTH
Business Equity Division
LETTER OF INTENT
A. Business Equ4 Sub-Contractor/Consultant Information:
A certified Business Eaufif firm is owned by a Minority or Woman Business Entemdse (MNVBEI
PROJECT # 105234 BID #
(If Applicable Please Check One)
Amendmatt ❑ Change order ❑
[Pursuant to the City of Fort Worth's Business Equity Ordinance, certified Business Equity firms participating under the Ordinance must be
certified prior to recommendation of award in order to be counted towards the Business Equity contract goal. Certifying agencies
acceptable by the City: North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier
Development Council, Inc. (DFW MSDC), Women's Business Council - Southwest (WBCS), or the Texas Department of
Transportation (TXDOT). Note: For Federally -Funded projects the firm must be certified as a Disadvantaged Business Enterprise (DBE) by the
NCTRCA and/or TXDOT only.] All Fields are Required - Do not leave blank.
1. Name of Project: Program Prioritization Assignments
2. Name of Offeror/Prime Contractor: Freese and Nichols, Inc.
3. Name of Business Equity Firm: Gorrondona & Associates, Inc.
Address: Freese and Nichols, Inc.
Firm Contact Name/Phone: Program Prioritization AssignmE
4. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project
(where applicable specify "supply" or "install" or both):
Professional Land Survey
NAILS Code: 541370
W. Truett Wilson, RPLS
(Owner/ Authorized Agent) T — t Name
(Signature of Owner /Authorized Agent of Certified Business Equity Firm)
twilson@ga-inc.net
(Email Address)
B. Affidavit of Offeror/Prime
I HEREBY DECLARE AND AFFIRM that Scott K. Hubley
Freese and Nichols, Inc.
(Owner/Authorized Agent)
In the amount of $ 3,000
Gorrondona & Associates, Inc.
(Name of Certified Business Eqully Firm)
November 16, 2023
(Date)
817-496-1424
(Phone Number)
am the duly authorized representative of
and that I have personally reviewed the material and facts
(Name of Offeror/Prime)
set forth in this Letter of Intent. To the best of my knowledge, information and belief, the facts in this form are true, and no
material facts have been omitted.
Pursuant to the City of Fort Worth's Business Equity Ordinance, any person/entity that makes a false or fraudulent statement
in connection with participation of a certified firm in any City of Fort Worth contract may be referred for debarment
procedures under the City of Fort Worth's Business Equity Ordinance.
I do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and
correct, and that I am authorized on behalf of the Offeror/Prime to make the affidavit.
Scott K. Hubley
(Owner/ Authorized Agent) Type or Print Name
(Signature of Owner/Authorized Agent)
Scott.Hubley@freese.com
(Email Address)
Freese and Nichols, Inc.
(Name of Offeror/Prime)
11-15-2023
(Date)
817-343-9194
(Phone Number)
Department of Diversity and Inclusion Effective 0 1/0 1/2021
Business Equity Division
Revised. 6-8-21
Email: DVIN_BEOffice@fortworthtexas.gov
Ph:817-392-2674
FORT WORTH.
Business Equity Division
LETTER OF INTENT
A. Business Equity Sub-Contractor/Consultant Information:
A cent f*d Business Eouity firm is owned by a hfinorfty or Woman Business Enterarise [Ai1WBE)
PROJECT# 105234 BIO#
[if Applcat)n Please Check Dna)
Amendmont ❑ Chango Order ❑
[Pursuant to the City of Fort 4lronh's Business Equity Ordinance, certified Business Equity firms parbopaling under the Ordinance must be
certified prior to recommendation of award in order to be counted towards the Business Equity contract goal. Certifying agencies
acceptable by the City: North Central Texas Regional Certification Agency (NCTRCA), Callas(Fort Worth Minority Supplier
Development Council, Inc. (DFW hfSDC), Women's Business Council - Southwest (WBCS), or the Texas Department of
Transportation (TXDOT). Note: For Federally -Funded projects the firm must be certified as a Disadvantaged Business Enlerphse (DBE) by the
NCTRCA andlor TXDOT only.] All Fields are Required - Do not leave blank.
1. Name of Palest: Program Prioritization Assignments
2 Name of OfferortPrime Contractor. Freese and Nichols, Inc.
3. Name of Business Equity Firm: Galvan Strategy Group
Address 405 Forest River Circle. FW, TX 76102 Firm Contact NamelPhone: Adrian Galvan/817-903-9825
4. The undersigned is prepared to perform the following described work andlor supply the material listed in connection with the above protect
(where applicable speafy'supply' or "install' or both):
Professional services related to a variety of financial analyses
t1AICS Code. 541618,541614.541613,541820
Adrian Galvan rr
l pr ner1 A uthorixed Agent
(Signature oro-ner, , .5 ef�Agentof Cerified Bumps EcMgFirml
agalvan,galvanstrategygroup corn
(Emaa7 Address)
B. Affidavit of Offeror/Prime
I HEREBY 0ECLARE AND AFFIRM that Scott K. Hubley
Freese and Nichols, Inc.
(thrnerlAuthor¢ed Agent)
In the amount of $ 6.000
Galvan Strategy Group
INama of Certified Business Equty Firm)
11-29-23
loate)
817-903-9825
(PhoneNumber)
am the duly authorized representative of
and that I have personally reviewed the material and facts
(Name of OfferodPrime)
set forth in this Letter of Intent To the best of my knowledge, information and belief, the facts in this form are We, and no
rnatenal fads have been omitted.
Pursuant to the City of Fort Worth's Business Equity Ordinance, any personlentity that makes a false or fraudulent statement
in connection with participation of a certified firm in any City of Fort Worth contrad may be referred for debarment
procedures under the City of Fort Worth's Business Equity Ordinance.
I do solemnly swear or affirm that the signatures contained herein and the information provided by the OfferouPrime are true and
carrect, and that I am authorized on behalf of the OfferorlPrime to make the affidavit.
Scott K. Hubley
IOxnerrAuthonzed Agentl Type or Pnnt Name
(5,1i3ietrfe ofr wthorued Agent;
Scott.Hubley@freese.com
iE-mail Address)
Mpartmerrr of Unrrsih and IncImion
Ri.dinm F.quiiy Di%tuon
Email DVIN_BEafficr.. furtwasnrthtrxgn+
Ph e17.392-?674
Freese and Nichols, Inc.
(Name of OfferorlPnme)
11-29-2023
{oatel
817-343-9194
IPhone Number)
Liffectnr t11101P--u21
Rcvrscd 6-9-? I
Scanned with CamScanner
M&C Review
Page 1 of 2
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 3/26/2024 REFERENCE **M&C 24-
NO.: 0246
LOG NAME
CODE: C TYPE: CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FORTWORTH
Ir
20SWM PROGRAM
PRIORITIZATION
ASSIGNMENTS
NO
SUBJECT: (ALL) Authorize Execution of a Professional Services Agreement with Freese and
Nichols, Inc. in the Amount of $300,000.00 with One Renewal Option in the Amount Up to
$300,000.00 for Program Prioritization Assignments
IC7x001Lyil►yi1=1►Imy-A901►A
It is recommended that the City Council authorize execution of a Professional Services Agreement
with Freese and Nichols, Inc. in the amount of $300,000.00 with one renewal option in the amount up
to $300,000.00 for Program Prioritization Assignments (City Project No. 105234).
DISCUSSION:
The Professional Services Agreement recommended by this Mayor and Council Communication will
provide professional engineering services for program prioritization assignments to ensure that the
Transportation and Public Works Department, Stormwater Management Division's resources are
invested in the opportunities that are in the best interest of the City of Fort Worth, Stormwater
Program and community. Freese and Nichols, Inc. will strategically vet capital project and
partnership opportunities while considering the strategic direction identified in the May 2018,
Stormwater Management Program Master Plan (SWMPMP).
A key outcome of the 2018 SWMPMP was a better appreciation for the wide variety of factors that
need to be understood in order to optimize the use of program resources to best meet community
needs. This contract will help staff efficiently compile and process the key data needed to inform
program decision making and optimization to ensure that the projects/initiatives that move forward for
implementation have a sound technical and economic basis, are aligned with community goals, and
are prioritized to optimize the use of program resources.
A Request for Qualifications (RFQ) for a variety of drainage engineering services was published in
the Fort Worth Star -Telegram on July 29, 2021 and on August 5, 2021. Based on the results of the
RFQ, Freese and Nichols, Inc., was selected as the most qualified consultant to perform this work
based on published selection criteria services. ?The consultant, Freese and Nichols, Inc., proposes to
perform the scope of work for this contract on a time and materials basis for a not -to -exceed fee of
$300,000.00. The City will issue individual task orders to authorize the consultant to perform work
under this agreement until such time the contract funds in the amount of $300,000.00 have been
expended. The City, at its sole option, may renew this contract one time under the same terms and
conditions. City staff considers this fee to be fair and reasonable for the anticipated services to be
performed.
This contract will not result in any additional annual operating cost for the Transportation and
Public Works (TPW) Stormwater Management Division.
Funding is budgeted in the Stormwater Capital Projects Fund for the TPW Dept Highway &
Streets Department for the purpose of funding the Program Prioritization Assign project, as
appropriated.
M/WBE Office - Freese and Nichols, Inc. is in compliance with the City's Business Equity Ordinance
by committing to 3\% MWBE participation on this project. The City's MWBE goal on this project is 3\
M&C Review
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Stormwater Capital Projects Fund for the Project Prioritization Assign project to
support the approval of the recommendation and execution of the agreement. Prior to any
expenditure being incurred, the Transportation & Public Works Department has the responsibility to
validate the availability of funds.?
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID I I ID I I I Year I (Chartfield 2)
FROM
Fund I Department Account Project Program I Activity I Budget I Reference # Amount
ID ID Year I (Chartfield 2)
Submitted for Citv Manager's Office bv: Jesica McEachern (5804)
Oriainatina Department Head: Lauren Prieur (6035)
Additional Information Contact: Jennifer Dyke (2714)
ATTACHMENTS
20SWM PROGRAM PRIORITIZATION ASSIGNMENTS COMPLIANCE MEMO.pdf (CFW
Internal)
20SWM PROGRAM PRIORITIZATION ASSIGNMENTS FID TABLE.xlsx (CFW Internal)
20SWM PROGRAM PRIORITIZATION ASSIGNMENTS FORM 1295.Ddf (CFW Internal)
20SWM PROGRAM PRIORITIZATION ASSIGNMENTS SAM SEARCH.i3df (CFW Internal)
20SWM PROGRAM PRIORITIZATION ASSIGNMENTS.docx (CFW Internal)
httn:HaDDs.cfwnet.ora/counci1 packet/mc review. asp?ID=31953&councildate=3/26/2024 4/16/2024
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2024-1121685
Freese and Nichols, Inc.
Fort Worth, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/08/2024
being filed.
City of Fort Worth, Texas Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
Contract
Program Prioritization Assignments
Nature of interest
4
Name of Interested Party City, State, Country (place of business) (check applicable)
Controlling Intermediary
Pence, Bob Fort Worth, TX United States X
Coltharp, Brian
Fort Worth, TX United States X
Archer, Charles
Raleigh, NC United States X
Greer, Alan
Fort Worth, TX United States X
Hatley, Tricia
Oklahoma City, OK United States X
Johnson, Kevin
Dallas, TX United States X
Payne, Jeff
Fort Worth, TX United States X
Reedy, Mike
Houston, TX United States X
Wolfhope, John
Austin, TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Pam FOrdtran and my date of birth is February 12, 1962
My address is 800 N. Shoreline, Suite 160ON Corpus Christi TX 78401 USA
(street) (city) (state) (zip code) (country)
declare under penalty of perjury that the foregoing is true and correct.
Executed in Nueces County, State of Texas on the 8th day of February 2024
(month) (year)
IP4"�
joa�A4,7t,
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.9000c47f